DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Species A (claims 1-16 and 19) in the reply filed on 1/9/2026 is acknowledged. Additionally, claim 13 recites the feature of having threads on the cover which is part of figure 15 (species C) not elected by the applicants. Accordingly, claim 13 is withdrawn from the examination.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
20 in figure 1.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “luer opening” in claim 1, “a tubing opening” in claim 2 and “the cover portion is coupled to the second connector portion” in claim 11, “a first detent or a second detent” in claim 12, “the engagement lip comprises a first lip portion … a second lip portion configured to prevent release of the engagement finger of the mating connector portion” in claim 14, wherein the first connector portion is rotatable relative to the second connector portion … prevent release of the first connector portion and the second connector portion” in claim 16 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
The reference character “240” has been used to refer to “cover portion” in paragraph 0046, line 4 and “sliding portion” in paragraph 0046, last line.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2, 3, 12 and 14-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 2, lines 8-9 and claim 12, lines 2-3, the recitation “the cover portion is spaced apart from the engagement portion of the connector housing” or “the connector portion being spaced apart from engagement portion of the connector housing” renders the claim indefinite because examiner construes engagement portion as element 232 and the cover portion as element 240. However, according to figure 2, element 240 and element 232 appears to be in contact with each other therefore, claim is unclear regarding how element 240 is construed as spaced apart from element 240. For examination purposes, examiner construes that the term “spaced apart” is construed as being the cover portion located radially outward from the engagement portion.
Claim 3 being dependent on claim 2 is also rejected.
Regarding claim 14, lines 5-7, the recitation “the engagement lip comprises a first lip portion … a second lip portion configured to prevent release of the engagement finger of the mating connector portion” renders the claim indefinite because according to figure 2, engagement lip 234 engages with the engagement fingers 218 but element 240 prevents release of the engagement finger wherein element 240 is not a part of element 234. Therefore, the claim is unclear regarding how an engagement lip also includes a cover that is located externally and not a part of the engagement lip. For examination purposes, examiner construes that an element that prevents release of the engagement finger is construed as a part of the engagement lips even if the element is located separately from the engagement lip.
Claims 15 and 16 being dependent on claim 14 are also rejected.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 10-12, 14-16 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anderson (US 3,234,965).
Regarding claim 1, Anderson teaches a connector (figure 2) comprising:
a first connector portion 1 comprising:
a connector housing (housing of element 1) comprising:
a connector body 3 defining a housing volume (volume of element 3), a luer opening (opening in element 3a) and a mating opening (opening in element 3b near element 18), wherein the housing volume is in fluid communication with the luer opening (opening in element 3a) and the mating opening (opening in element 3b near element 18); and
an engagement portion 25 at least partially surrounding the connector body 3, the engagement portion 25 defining an engagement lip 26 extending radially toward the connector body 3, wherein the engagement lip 26 is configured to releasably engage the connector housing 3 with a mating connector portion 28; and
a cover portion 30 configured to selectively surround the engagement portion 25 of the connector housing (housing of element 1), wherein the cover portion 30 is slidable to engage with the engagement portion 25 of the connector housing and prevent release of the connector housing with the mating connector portion (column 4, lines 25-33).
Regarding claim 2, Anderson teaches further comprising:
a second connector portion 2 comprising defining a second connector volume (volume of element 2), a tubing opening (opening in element 9d) and a second mating opening (opening at element 28), wherein the second connector volume (volume of element 2) is in fluid communication with the tubing opening (opening in element 9d) and the second mating opening (opening in element 28), wherein the mating opening (opening in element 3b near element 18) of the first connector portion 1 and the second mating opening (opening at element 28) of the second connector portion 2 are in fluid communication when the first connector portion 1 and the second connector portion 2 are in engagement (see figure 1), the first connector portion 1 and the second connector portion 2 are configured to be in separable engagement when the cover portion 30 is spaced apart from the engagement portion of the connector housing and to be in locking engagement when the cover portion is engaged with the engagement portion of the connector housing (column 4, lines 21-33).
Regarding claim 3, Anderson teaches wherein the second connector portion 2 defines an engagement groove 27, and the engagement groove 27 is configured to engage the engagement lips 26 of the first connector portion 1.
Regarding claim 10, Anderson teaches wherein the cover portion 30 is coupled to the second connector portion 2.
Regarding claim 11, Anderson teaches wherein a tubing 15 is in fluid communication with the second connector portion 2, the cover portion 30 is coupled to the tubing 15, and the cover portion 30 is movable with the tubing 15.
Regarding claim 12, Anderson teaches wherein the cover portion 30 is movable to engage a first detent (see “FD” in figure 2 below) or a second detent (see “SD” in figure 2 below), the cover portion 30 being spaced apart from the engagement portion 25 of the connector housing (housing of element 1) when engaging the first detent (see “FD” in figure 2 below), and the cover portion 30 being engaged with the engagement portion 25 of the connector housing (housing of element 1) when engaging the second detent (see “SD” in figure 2 below).
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Regarding claim 14, Anderson teaches a connector (figure 2) comprising:
a first connector portion 1 defining a connector volume (volume of element 3), a luer opening (opening in element 3a) and a mating opening (opening in element 3b near element 18), wherein the connector volume is in fluid communication with the luer opening (opening in element 3a) and the mating opening (opening in element 3b near element 18); the first connector portion 1 defining an engagement lip 26 extending radially from the first connector portion 1, wherein the engagement lip 26 comprises a first lip portion 25 configured to releasably engage an engagement finger 27 of mating connector portion (portion of element 2 comprising element 27); and a second lip portion 30 configured to prevent release of the engagement finger of the mating connector portion (column 4, lines 25-33).
Regarding claim 15, Anderson teaches a second connector portion 2 comprising defining a second connector volume (volume of element 2), a tubing opening (opening in element 9d) and a second mating opening (opening at element 28), wherein the second connector volume (volume of element 2) is in fluid communication with the tubing opening (opening in element 9d) and the second mating opening (opening in element 28), the second connector portion 2 defining one or more engagement fingers 27 configured to engage the engagement lip 26 of the first connector portion 1.
Regarding claim 16, Anderson teaches wherein the first connector portion 1 is rotatable (nothing prevents rotation between elements 1 and 2) relative to the second connector portion 2 between a first position (position where element 30 is pushed down against the biasing force of element 31 to allow engaging element 26 and 27) and elements 1 and 2 are rotated while pushing against each other to engage element 26 with element 27) and a second position (position where element 30 is in the position shown in figure 1 where element 30 is pushing element 26 towards element 27), in the first position, the one or more engagement fingers of the second connector portion engage the first lip portion of the engagement lip to allow the first connector portion and the second connector portion to releasably engage (since element 30 is pushed down against biasing force of element 31, element 26 could be released from element 27), and in the second position (column 4, lines 25-33) the one or more engagement fingers of the second connector portion engage the second lip portion of the engagement lip to prevent release of the first connector portion and the second connector portion.
Regarding claim 19, Anderson teaches a connector (figure 2) comprising: a first connector portion 1 defining a connector volume (volume of element 3), a luer opening (opening in element 3a) and a mating opening (opening in element 3b near element 18), wherein the connector volume is in fluid communication with the luer opening (opening in element 3a);
a second connector portion 2 comprising defining a second connector volume (volume of element 2), a tubing opening (opening in element 9d) and a second mating opening (opening at element 28), wherein the second connector volume (volume of element 2) is in fluid communication with the tubing opening (opening in element 9d) and the second mating opening (opening in element 28), wherein the first connector portion 1 and the second connector portion 2 are configured to be separably engageable (column 4, lines 21-33) and the mating opening of the first connector portion and the second mating opening of the second connector portion are in fluid communication when the first connector portion and the second connector portion are in engagement (see figure 1); and an attachable cover portion 30 to selectively surround the first connector portion 1 and the second connector portion 2 and prevent (column 4, lines 25-33) release of the first connector portion and the second connector portion 2.
Allowable Subject Matter
Claims 4-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The closest prior art of record, Anderson (US 3,234,965), is silent regarding wherein the first connector portion further comprises:a sliding portion defining a luer end and a housing end, the sliding portion defining a lumen extending between the luer end and the housing end, wherein the housing end of the sliding portion extends through the luer opening of the connector body to couple the sliding portion to the connector housing, lumen is in fluid communication with the housing volume, and the cover portion is coupled to the sliding portion in combination with other claimed limitations of claim 4.
Claims 5-9 being dependent on claim 4 are also indicated allowable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NILAY J SHAH whose telephone number is (571)272-9689. The examiner can normally be reached Monday-Thursday 8:00 AM-4:30 PM EST.
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/NILAY J SHAH/Primary Examiner, Art Unit 3783